[kictanet] [ISOC_KE] http://www.nation.co.ke/Tech/-/1017288/1647632/-/1555o81/-/index.html

[Alice Munyua]

Dear Barrack and all

I agree with you on the multistakeholder issue. There seems to be 
different interpretations /understanding of multi-stakeholder policy 
processes.

A question that was consistently raised before WCIT by stakeholders 
involved in the process
-"to what extend was stakeholder proposals and contributions taken into 
consideration when determining what position/proposals Kenya would support?

The assumption was that Kenya's position would be developed after 
national multistakeholder consultations. And they were several as you 
mention below, the Kenya IGF, the East African IGF (day two was 
dedicated to discussing the ITRs), and the Kenya stakeholder 
consultations organised by CCK. These consultations developed and 
produced several viewpoints, and the expectation was that these views 
would have been taken into account when developing the national position 
or "agreeing" on what proposals Kenya was to support.

This clearly did not happen.

It is therefore important to continue discussions on 
what multistakeholder consultations mean and how we interpret 
constitutional provision article 10, which states " (1) the national 
values and principles of governance in this

Article binds all State organs, State officers, public officers and all 
persons whenever any of them---- (a) Applies or interprets this 
Constitution;  (b) Enacts, applies or interprets any law; or (c) Makes 
or implements public policy decisions. (2) The national values and 
principles of governance include---- (a) Patriotism, national unity, 
sharing and devolution of power, the rule of law, democracy and 
participation of the people"


In addition to discussing and getting clarity on multistakeholder policy 
processes, I support Dr. Ndemo's call for further national consultations 
to discuss some of the new provisions that have altered the nature of 
the ITRs. Some of these include the unprecedented expansion of Human 
Rights language in the preamble of the treaty, which is inconsistent 
with international human rights standards and precedents particularly 
with the shift from individual human rights to collective state rights. 
Are the ITRs a good place for creation of what appears to be new human 
rights? National consultations may consider this question and also 
consult with our relevant legal/human rights experts to determine if 
this expansion of human rights is appropriate.


By the way it is very normal for countries to sign treaties after a 
round of consultations at the national level.


Best
Alice





> Joly,
>
> The WCIT issue was extensively discussed during the Kenya IGF which
> brought together a number of stakeholders, Dr. Ndemo was present,
> during the ATU meeting in Ghana a position other than what was
> discussed during the stakeholders meeting was arrived at which the PS
> did not agree with a position supported by stakeholders, CCK hosted
> another stakeholder meeting before the WCIT meeting in Dubai, the
> point is it appears stakeholders input during the Kenya and East
> African IGF did not count a position the PS seems to side with as
> suggested by the article, in any case ITU and ATU participated in the
> Kenya IGF and East African IGF i think it would have been better for
> CCK to come out clearly that it had its own position, IMHO this is a
> mockery of the Multistakeholder Model, i stand to be corrected though.
> Nonetheless post Dubai, this is water under the bridge :-(
>
> Best Regards
>
> On Thu, Dec 27, 2012 at 10:27 PM, Joly MacFie <joly at punkcast.com> wrote:
>> I'm a little confused. You are suggesting CCK=stakeholder, and
>> Ndemo=technocrat, right? SUrely he is representing the wider stakeholders?
>>
>> j
>>
>>
>> On Thu, Dec 27, 2012 at 1:33 PM, Barrack Otieno <otieno.barrack at gmail.com>
>> wrote:
>>> Interesting piece i thought the constitution bestows powers on
>>> stakeholders, seems like technocrats have more say :-(
>>>
>>> --
>>> Barrack O. Otieno
>>> +254721325277
>>> +254-20-2498789
>>> Skype: barrack.otieno
>>> http://www.otienobarrack.me.ke/
>>> _______________________________________________
>>> isoc mailing list
>>> isoc at orion.my.co.ke
>>> http://orion.my.co.ke/cgi-bin/mailman/listinfo/isoc
>>
>>
>>
>> --
>> ---------------------------------------------------------------
>> Joly MacFie  218 565 9365 Skype:punkcast
>> WWWhatsup NYC - http://wwwhatsup.com
>>   http://pinstand.com - http://punkcast.com
>>   VP (Admin) - ISOC-NY - http://isoc-ny.org
>> --------------------------------------------------------------
>> -
>
>

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